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KFDM News learns Ninth Court denies review of Judge Floyd's order canceling BISD election
BEAUMONT - by Scott Lawrence
KFDM News has learned the Ninth Court of Appeals Tuesday refused to review Judge Donald Floyd's order canceling the November 5 BISD board election.
Attorneys David Vann deCordova Jr. and Michael Getz filed a motion Tuesday morning, asking the court for a Writ of Mandamus and seeking an emergency review of Judge Floyd's order as well as an emergency motion staying the judge's order and allowing early voting to continue. The court refused to grant the motion, saying the attorneys failed to show Judge Floyd had abused his discretion.
Decordova and Getz believe Floyd doesn't have the judicial authority to cancel the election, in which there'd be only one contested race-the District 7 seat in which incumbent Janice Brassard would face a challenge from Joey Hilliard.
They attorneys argue the vote should go forward and later face the scrutiny of an election contest.
Judge Floyd's order directs the parties to meet within a week and decide when Judge Floyd should hold a hearing to determine a date for the next BISD election.
The district is scheduled to discuss a 5-2 election map during Thursday's board meeting. It's not clear how many seats would be up for election. Getz and deCordova say all seven seats should be up for a vote.